On Monday, the Supreme Court extended the stay on the defamation proceedings involving Delhi Chief Minister Arvind Kejriwal, affording additional time for the involved parties to settle the dispute. Kejriwal contested a Delhi High Court ruling that affirmed the summons issued to him in a criminal defamation case linked to the retweet of an allegedly defamatory video shared by YouTuber Dhruv Rathee in May 2018.
![[Youtuber's Video Retweet Case] SC Extended Stay To Kejriwal to Settle Dispute with Complainant in Defamation Case](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/04/1429579-kejriwal.jpg?resize=820%2C492&ssl=1)
NEW DELHI: Today (13th May): The Supreme Court extended the stay on the defamation proceedings involving Delhi Chief Minister Arvind Kejriwal, granting additional time for the parties to consider settlement options. Kejriwal contested a Delhi High Court decision that upheld the summons issued against him in a criminal defamation case.
The case pertains to a retweet he made in May 2018 of an allegedly defamatory video circulated by YouTuber Dhruv Rathee.
READ ALSO: Arvind Kejriwal’s Defamation Case: Supreme Court Challenged Over Video Retweet
The Bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, instructed,
“Okay. Do the needful. Relist in the week commencing 12th of August, 2024.”
Senior Advocate Dr. Abhishek Manu Singhvi represented Kejriwal, while Advocate Raghav Awasthi informed the Court about exploring the possibility of an amicable settlement.
The Supreme Court previously granted Kejriwal more time to issue an apology and decide on the wording for the apology, extending the interim order passed on February 26, 2024, directing the trial court not to proceed with the trial.
Background
Vikas Sankrityan, also known as Vikas Pandey, initiated a defamation case against Delhi Chief Minister Arvind Kejriwal in the High Court. Pandey, claiming to support Prime Minister Narendra Modi, alleged defamation initiated from a video by Dhruv Rathee. In the video, Rathee purportedly accused Pandey, identified as the second-in-command of the BJP IT cell, of offering Rs 50 lakh to Mahavir Prasad to retract accusations against the party’s IT cell for spreading misinformation. Prasad made these allegations during an interview with Rathee.
Kejriwal has admitted to making a mistake by retweeting the video, and the Supreme Court had previously asked him if he wished to apologize to the complainant.
In February 2024, Kejriwal admitted in the apex court that he had made a mistake by retweeting the allegedly defamatory video related to the BJP IT Cell. Accepting his mistake, the Supreme Court, on March 11, asked Kejriwal if he wanted to offer an apology to the complainant involved in the case. The court’s inquiry into a potential apology demonstrates the gravity of the matter.
READ ALSO: SC to Hear Arvind Kejriwal’s Plea Against ED Arrest on April 15
Previously, the Delhi High Court had refused to quash the Trial court’s 2019 order to summon Kejriwal, emphasizing that the implications of a public figure’s defamatory tweet are far-reaching.
Justice Swarana Kanta Sharma remarked,
“It goes without saying that the significant social media following of a State Chief Minister implies a broader reach, thus rendering any retweet a form of public endorsement or acknowledgment.”
The High Court, in its ruling on February 5, emphasized of retweeting, stating that it should attract penal, civil, and tort actions. Particularly, when political figures like the chief minister engage in retweeting with a substantial social media presence, the act transforms into a public endorsement, carrying weight with the public.
The case relied on the Indian Penal Code (IPC), 1860, which defines defamation under Section 499. According to this section, any act or publication intending to harm the reputation of another person constitutes defamation. The court emphasized the necessity to interpret the concept of publication in the context of virtual platforms.
READ ALSO: PIL Against Arvind Kejriwal’s Arrest Not Maintainable: Delhi HC
The Supreme Court granted interim bail to Arvind Kejriwal until June 1 in a case related to the alleged Delhi liquor excise policy scam. This bail allows the Chief Minister to be released from Delhi’s Tihar Jail until the final phase of voting for the Lok Sabha election in 2024. However, as per the court’s directive, Kejriwal must surrender to prison officials by June 2.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
